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<br />... . -- 43 9390b <br /> <br />PUBLIC LANDS Ch. 12 <br /> <br />CII. 12 RECLAMATION AND IRRIGATION <br /> <br />. <br /> <br />43. !l 390c <br /> <br />lthorized, surveyed; planned, or construeted, or whieh would invol~" <br />maJU' structural Ol>opei-atlonal changes' shall be made only upon the <br />approval of Congress'. as now provided by law. <br /> <br />(Pub.I.. 83-500, Title III; ~ 30t, July 3, 1958, 72 Stat. 319; Pub.I.. 81-88, ~ 10, <br />Ju[y 20, 1961, 75 Stat. 210.) <br /> <br />nonfederal use, Congress did not also impose <br />upon Corps the responsibility of determining <br />"how nonfcderal interests should raise reve. <br />nUes to pay for their costs. or responsibility to <br />see that RODfOOeral in.terests equitably appor. <br />tion such costs D:~ong themselves. Borough <br />of Morrisville v. Delaware River Basin Com- <br />mission, D.C.Pa.197S. .399 F.Supp. 469. af- <br />firmed 532 F.2d 745. <br /> <br />Historical Note <br /> <br />References in Text. . The Reclamation <br />Projects Act of 1939. referred to in subsec. <br />(b). is Act Aug. 4, 1939, c. 418. 53 Slat. 1187, <br />as amended, which is classified principally to <br />subchapter X (sCl:tion 48:5 et scq.) of this <br />chapter. For complete classification of this <br />Act to the Code, see section 485k of this title <br />and Tables volume. <br /> <br />1961 Amendment. Subscc. (b). Pub.L. <br />87-88 substituted provisions permitting not <br />more than 30 per centum of1he total estimat. <br />ed cost of any p'"toject to be allocated to <br />anticipated future demands where State or <br />local interests give reasonable assurances, and <br />there is reasonable evidence, that such, ae- <br />maods for the use of such storage will be <br />made within a period of time which will <br />permit paying out the costs aUocated to water <br />supply ,vithin the life of the project for provi- <br />sions which permitted not more than 30 per <br />centum of the total estimated cost of any <br />project 10 be allocated to anticipated future <br />demands where States or Jocal interests give <br /> <br />reasonable assurance that they will contract <br />for the use of storage for anticipated future <br />, demands within a period of time which will <br />permit paying out the costs allocated to water <br />supply wilhin the !ife_of the project. <br /> <br />Short Title of 1961 Amendment. Section <br />11 of Pub.L. 87-88 provided that: "This Act <br />[amending this scetion, and scetions J ISI. <br />1153 to 1IS5, 1151 to 1160, 1171 to t 173 of <br />. Title 33. Navigation and Navigable Waters, <br />and enactif"!8 provisions set out as notes under <br />sections II S I, II S7, and II 59 of Title 33] <br />ma>' be cited as the 'Federal Water POllution <br />Conlrol Act Amendments of 1961':' <br /> <br />Short Title, Section 302 of Pub.L. 85-S00 <br />provided that: "Title III of this Act [enacting <br />this section] may ~ cited as the 'Water Sup. <br />ply Act of 1958.... <br /> <br />Legislative Histor)", For legislative history <br />and purpose of Pub.L. 87-88, see 1961 U.S. <br />Code Congo and Adm.News, p. 2078. <br /> <br />4. - Assurances of future demand <br /> <br />Where one of purposes" of HilIs~ale dam <br />project was to store water for domestic use by <br />surrounding communities, evidence that state <br />water resource board advised Corps of Engi- <br />neers that it would have need for project's <br />anticipated water supply, and that contract <br />was entered into between state and local in- <br />terests and United States concerning both <br />present and future water supply and payment <br />thereof. was sufficient to show that Corps had <br />received "reasonable assurance" that there <br />would be future demand for such water, with- <br />in meaning of this chapter. Save Our Invalu- <br />able Land (SOIL), Inc. v. Needham, C.A. <br />Kan.1976. 542 F.2d 539. <br /> <br />~. - Repayment <br />This section does not require 'county water <br />agency to begin paying for its storage space <br />when it relealies water for nonconsumptive <br />'purposes, including power generation. City <br />of Ukiah, Ca!. v. F.E.R.C., t984. 729 F.2d <br />793, 234 U.S.App.D.C. 307. <br /> <br />6. Moot qu'estions <br />City's appeal from order of State Board of <br />Water Engineers denying city's application <br />for permit to appropriate, for municip.~t .pur- <br />poses, 100,000 acre-feel of wllter per annum <br />of unappropriated water to be stored in pro- <br />posed river dam and reservoir did not become <br />moot by vinue of fact that United States had <br />entered into contract with river authority <br />granting authority right to utilize storage <br />space in reservoir, or fact that city's applica- <br />tion described a dam and reservoir larger <br />than the one finally_ approved by United <br />States, or fact 'that city had applied for more <br />_ water than was available or fact that con- <br />struction of smaller dam had been started. <br />City of San Antonio v. Board of Water Engi- <br />neers of Tex., Tex.Civ.App.1960. 334 S.W.2d <br />325. ref. n.r.e. <br /> <br />9 390c. Water reservoirs; interests of States and loeal ageneies <br /> <br />in storage space <br /> <br />Cognizant that many States and local interests have in the past eontribut- <br />ed to the Government, or have eontraeted to pay to the Government over a <br />speeified period of years, money equivalent to the eost of providing for them <br />water storage space at Government.owned d;1ffiS and reservoirs, constructed <br />by the Corps of Engineers of the United States Army, and that sueh <br />praetiees will eontinue, and, that no law defines the duration of their <br />interest in sueh storage' spaee, and realizing that sueh States and loea[ <br />interests assume the obligation of paying substantially their portion of the <br />eost of providing such faeilities, their right 10 use may be eontinued during <br />the existence of the faeility as hereinafter provided. <br /> <br />(Pub.L. 88-140, ~ [, Oct. [6, [963, ,77 Stat. 249.) <br /> <br />Cross References I <br />Water conservation plan requirement applied to non-Federal recipients wilh water sen'ice <br />. contracts pursuant to this section, see scelioD 390jj of this title. <br />Written agreement with non-Federal interest for construction of water resources project. <br />inapplicability of requirement to assurances for future demand requirement under lhis <br />section, see section 1962d-5b of Title 42, The Public HealtJJ and Welfare.' <br /> <br />Code of Federal Regu[ations <br />Nondiscrimination in federally.assisted programs of the Department of Defense, see 32 CFR <br />300.1 et seq. <br /> <br />Notes '.of Decisio~s <br />2. Purpose. of project <br />Subsec. (b) of this section alJ(horizing stor. <br />age as a part of any, reservoir project sur- <br />veyed, planned, and constructed to impound <br />water for present or anticipated future de- <br />mand or need for municipal or industrial <br />water does not authorize contracts to be en- <br />tered into to store water solely for recreation- <br />al purposes. Jicarilla Apache Tribe v. 'U.S., <br />C.A.N.M.t981, 651 F.2d t 126. <br />3. Construction or modification costs-Gen. <br />erally <br />In authorizing Corps of Engineers, under <br />this section, to build stcrage faciliti:s for <br /> <br />Construction or modification costs <br />GeneraUy 3 <br />_ . A-ssurance.s of future demand 4 <br />Repayment 5 <br />Moot questions 6 <br />Polic)' 1 <br />Purpose or projecl2 <br /> <br />1. Policy <br />This section estabJishes policy that .'non- <br />federal" interests should have .primary re- <br />sponsibility for developing water supplies. <br />Borough of Morrisville v. Delaware River <br />Basin Commission. D.C.Pa.1975. 399 F.Supp. <br />469, affirmed 532 F.2d 745. <br /> <br />Historical Note <br /> <br />Leglslathe History. For legislative history <br />and purpose of Pub.L. 88-140, see 1963 U.S. <br />Code Congo and Adm.News, p. 998. <br /> <br />Cross References <br /> <br />Leases or agreements revised to evidence conversion of rights to use of storage rights, see <br />section 390f of this title. <br />Sections 390c 10 390f of this tide applicable to aU dams and reservoirs constructed by United <br />States Government where either construction costs contributed by local interests or local <br />interests acquired rinhts 10 utilize certain storage space thereof, see section 390d of this <br />title. <br /> <br />410 <br /> <br />411 <br />